1 Heard the learned advocates appearing for the parties. Rule. The formal service of Rule is waived by the learned advocates appearing for the respective respondents. Rule is fixed forthwith on consent.
2. This petition is filed by the applicants-original accused Nos. 3 and 4 under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] to quash the complaint being C.R. No.I-257 of 2011 registered with Pradyuman Nagar Police Station, for the offences punishable under Sections 363, 364, 365, 147, 149,504 and 506(2) of the Indian Penal Code, on the ground that the entire dispute has been settled between the complainant and the applicants amicably and, therefore, continuation of the criminal proceedings against the applicants would be an abuse of process of the Court.
3. Learned advocate appearing for the complainant has placed affidavit dated 10.12.2011 filed by the complainant and the affidavit dated 8.11.2011 filed by one Ashwin Kalabhai Vyas on record and submitted that the complaint filed was due to some difference between the parties and misunderstanding and now the parties have reached to an amicable settlement and the complaint may be quashed. In support of the above submission, reliance is placed on the decision of this Court in the case of Nitinbhai Mathurdas Thakkar vs. State of Gujarat, reported in 2005 (2) GLH 639, and the decision of the Apex Court in the case of State of Haryana v. Bhajan Lal, reported in AIR 1992 SC 604.
3 Having heard the learned advocates for the parties and considering the facts and circumstances of the case and the settlement arrived at between the parties and so declared in the affidavits on oath produced on record, I deem it just and proper to exercise powers under Section 482 of the Code and quash the impugned complaint qua the applicants.
4 This application is allowed accordingly. The impugned complaint being C.R. No.I-257 of 2011 registered with Pradyuman Nagar Police Station, is quashed qua the applicants. Rule is made absolute. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy) Top